MAGISTRATE’S COURT Two men each fined $l50 for receiving

Press, Volume CXII, Issue 33037, 3 October 1972, Page 17

MAGISTRATE’S COURT Two men each fined $l50 for receiving

On charges of receiving industrial equipment worth $9BO, two young men were each fined $l5O and released on probation for 18 months when they appeared for sentence before Mr F. G. Paterson, S.M., in the Magistrate’s Court yesterday. Kevin Jaye Becker, aged 23, a foreman wax worker, and Alan Michael Prendergast, aged 22, unemployed (Mr G. R. Lascelles), were convicted last week of receiving the equipment. They had pleaded not guilty. The equipment belonged to W. J. West and Son, Ltd, and included a portable compressor, an electric welder, a chain saw, spray gun, and electric drill. Mr Lascelles said that Becker had never before been in substantial trouble with the law. He had a good record at work, came from a family with a good reputation, and had established a stable life.

Prendergast, Mr Lascelles said, played only a minor part in the offence, having agreed at the last moment to help his friend. The Magistrate said he had never read a better commendation for a person involved in receiving than the probation officer’s report on Becker. “I am astonished to see that someone of your background should commit such a lapse,” he said. Disqualifying Becker from driving for 12 months, the Magistrate said: “You were in control of a car and you knew you had a. cargo of stolen goods. That is an illegal use of a vehicle.” He said he accepted that Prendergast was a “junior partner” in the offence and would not disqualify him from driving. Prendergast was already on probation and the two terms would be concurrent.

FINES TOTAL $7O George John Bryenton, aged 30, a contractor, was fined $5O for assault and $2O for using obscene language. He defended both charges.

Sergeant R. S. Morgan said that Bryenton threatened and spat in the face of a motorist who had blocked Colombo Street with his car. Obscene language was used by the defendant during the incident. The complainant, a company director, said in evidence that Bryenton abused him while the two cars were stationary in the middle of Colombo Street. Bryenton then parked his car and returned to abuse him again, and invited him to fight. The witness said he declined and attempted to lock the doors of his car, but the defendant opened the driver’s door and spat at him. Bryenton said he denied using any of the words claimed by the complainant, or spitting on him, though he said he did invite him to fight. He added that the incident had been blown up out of all proportion. The Magistrate ordered that $2O of the fine be paid to the complainant. (Before Mr K. H. J. Headifen, S.M.) RECEIVING

William John Eckhold, aged 26, unemployed, pleaded guilty to a charge of receiving three diamond rings worth $398 from persons unknown on September 15. He was convicted and remanded on bail to October 9 for sentence.

Sergeant R. I. Harlick said that at 1.52 p.m. on September 14 a girl entered the shop of William Ruddlman Jewellers, Ltd, and asked to be shown a tray of rings. When she was shown them she asked to see a second tray. While the shop assistant was removing the second tray the girl ran out with the first tray, containing rings worth about $4OOO.

On September 19 and 22 rings were recovered from persons who said that the defendant had given them to them. When the defendant was spoken to in a New Brighton hotel on September 25 he said he had stolen the rings from the original offender. He had found four rings in an empty section, but when he went back the rest of the rings were not there, said Sergeant Harlick. Three of the rings were identified as being the property of William Ruddiman Jewellers, Ltd, said Sergeant Harlick. A charge of stealing four diamond and sapphire rings was withdrawn by the police.

ASSAULT Brian Robert Cumming, aged 20, a clicker (Mr S. C. Biss), was convicted and fined $5O for assaulting Raymond Dyer, aged 23, in Cathedral Square on August 26. An order was made that $2O be paid to the complainant. The charge was defended. The Magistrate was told that Cumming approached Mr Dyer, who was in a taxi queue. Cumming Intended to talk over an earlier dispute and to shake hands, but in the incident which followed Mr Dyer suffered chest injuries and was admitted to hospital. Mr Biss said that Cumming used only sufficient force to repel force used by the complainant. Evidence was given that Mr Dyer had been receiving medical treatment for chest Injuries before the incident in the Square, though Mr Dyer had denied this.

Convicting Cumming, the

Magistrate said it was “crystal clear that Mr Dyer stumbled from the queue and fell to the ground, and the defendant then administered several kicks to his body until he was unconscious.” The Court was left in no doubt that substantially more force was used than was necessary to repel any force used by the complainant. The Magistrate said he accepted that there was some emotional background to the offence.

ASHBURTON INCIDENT Michael Ewan McKenzie, aged 17, an apprentice carpenter (Mr R. G. Sinclair), was remanded in custody until October 16 on a charge of attempting to murder Constable Vincent Paul Nolan in Ashburton on September 15. The remand was ordered to allow a psychiatric report to be obtained. No plea was taken. THREATENING MANNER Robin lan Hancox, aged 19. a labourer, pleaded guilty to behaving in a threatening manner at the Kairaki Motor Camp. He was convicted and fined $5O.

Sergeant Harlick said that the police arrived at the motor camp after a complaint about a disturbance had been received. Youths, including the defendant, had been ordered from the camp by the caretaker. The caretaker told the police that Hancox had

a plastic hose and told him If! he came any closer he would I “get it.” Hancox later told thei police that lie entered the camp ■ to clash with other youths, but I said he did not remember! threatening the caretaker. : FAILURE TO REPORT Andrew Stanley Fodie, aged | 51, unemployed, was convicted; and fined $lOO when he pleaded guilty to a charge of falling toj report to the work centre on! September 23 on a sentence oi i periodic detention REMAND A man, whose name was suppressed, was remanded in custody until October 16 for a psychiatric report on a charge of indecently assaulting a girl aged nine years on October 1. No plea was entered. The defendant was represented by Mr W. D. Moultrie. DANGEROUS DRIVING Murray Edmond Holm wood, aged 18, an apprentice boilermaker (Mr A. P. C. Tipping!, was convicted and fined $4O and | disqualified from driving for nine months on a charge of driving in a dangerous manner in Sumner Road on September 16. He was convicted and fined: $lO on a charge of depositing! broken glass in Sumner Road onj the same occasion.

He pleaded guilty to both charges.